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08-939 - Crabtree et al v. Goetz et al


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08-939 - Crabtree et al v. Goetz et al
December 19, 2008
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MEMORANDUM OF THE COURT. Signed by District Judge William J. Haynes, Jr on 12/19/08. (af)
December 19, 2008
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ORDER granting 2 Motion for Preliminary Injunction. It is ORDERED that (1) the Defendants shall refrain from imposing the cuts in Home Health and Private Duty Nurse upon the Plaintiffs until the community-based, patient centered system authorized by the State's Long-Term Care Community Choices Act is implemented and available to Plaintiffs; (2) the Defendants shall conduct individualized assessments of the Plaintiffs to determine the specific needs of each Plaintiff, including the amount of time required to meet those needs, and the extent to which family or other natural supports are available, and whether the needs could be satisified in the community at less cost than Defendants are presently paying; and (3) the Defendants shall determine whether nursing homes will in fact provide the services each Plaintiff requires. It is so ORDERED. Signed by District Judge William J. Haynes, Jr on 12/19/08. (af)